UNION OF INDIA Vs. BHAGWAN GIRI

JUDGEMENT

(1.) APPLICATION under Section 17-B of the Industrial Disputes At preferred by the employee, respondent No. 1, has been put up for consideration. Prayer is opposed on behalf of the appellant, Union of India, on the ground that the employee has remanded out of employment since 1988 and apparently has earned his livelihood during this period, and therefore, he is not entitled to wages under section 17-B of the Act. In course of hearing it was submitted that the respondent may be put to strict proof of the fact that he was not gainfully employed elsewhere. The submissions are in the teeth of statute and therefore cannot be accepted.

(2.) SECTION 17-B of the Industrial Disputes Act lays down that where in any case a Labour Court etc. by its award directs instatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him if the workman had not been employed in any establishment during such period and an affidavit is filed to that effect in the Court.